The tragic incident in Lakhimpur Kheri, Uttar Pradesh, on October 3, 2021, remains a stark reminder of the challenges India’s criminal justice system faces in high-profile cases. Nearly four years after the violence, victims and their families continue to await justice, as procedural delays and hostile witnesses have slowed the trial considerably.
On that fateful day, an SUV allegedly carrying Ashish Mishra, son of former Union Minister of State for Home Ajay Mishra ‘Teni’, ran over four farmers and a journalist, sparking widespread outrage and nationwide protests. In the ensuing violence, three more individuals lost their lives, including two BJP workers and the driver of the vehicle. The incident drew national attention, prompting the Supreme Court to constitute a Special Investigation Team (SIT), which eventually led to the arrest of 13 accused persons, including Ashish Mishra.
Trial Begins Amid Delays and Hostile Witnesses
The trial formally began in January 2023, nearly a year and a quarter after the incident. Despite a Supreme Court directive for daily proceedings, progress has been painstakingly slow. Nearly 40% of prosecution witnesses who have appeared in court have turned hostile, highlighting both intimidation concerns and the complexities of high-stakes trials.
Of the 103 witnesses finalized by the prosecution, only 47 have deposed before the court of Additional District Judge DN Singh. Among them, 20 witnesses have turned hostile, while 27 have recorded their statements, according to Arvind Tripathi, district government counsel representing the state.
“Out of 27 eyewitnesses who have recorded statements, 25 were injured during the violence, and two were other eyewitnesses,” Tripathi said. “All 27 have been cross-examined by the defence counsel. The 20 who turned hostile are private individuals and farmers. After prosecution completes its witnesses, the defence will seek court approval to present its own witnesses.”
The accused, including Ashish Mishra, Ankit Das, Nandan Singh Bisht, Satya Prakash Tripathi, Latif alias Kale, Shekhar Bharti, Sumit Jaiswal, Ashish Pandey, Lavkush Rana, Shishu Pal, Ullhas Kumar alias Mohit Trivedi, Rinku Rana, and Dharmendra Banjara, face multiple charges. These include sections of the Indian Penal Code (IPC) covering rioting, unlawful assembly, murder, attempt to murder, grievous hurt, mischief, and criminal conspiracy, alongside Section 177 of the Motor Vehicles Act, 1988.
Charges and the SIT’s Findings
The trial court framed charges in December 2022, based on a 5,000-page SIT report which concluded that the violence was “not an act of negligence or carelessness” but “a pre-planned conspiracy.” Senior advocate Gyan Singh Chauhan noted that even after the trial concludes, appeals and high court interventions could extend the case further.
The SIT also modified the FIR’s charges after reviewing the evidence. Initially, the Lakhimpur Kheri police had filed charges that did not include murder or attempt to murder. Following the SIT’s intervention, stringent IPC sections and the Arms Act were incorporated, including attempt to murder, causing grievous hurt, and acts done in furtherance of common intention. However, the trial court did not permit the application of “common intention” after objections from the defence.
In addition to the primary FIR against Ashish Mishra and others, a second FIR was filed against protesting farmers based on complaints from a BJP ward member, charging them with murder under IPC Section 302. Both cases are being tried in the same court.
Witness Intimidation Concerns
The trial has been further complicated by allegations of intimidation. On October 4, 2025, the Uttar Pradesh Police lodged an FIR against Ajay Mishra ‘Teni’, his son Ashish Mishra, a local resident, and an unidentified person for allegedly threatening Baljinder Singh, a prime witness in the October 2021 violence. This action came after the Supreme Court criticized the state police for delaying response to the witness complaint.
Originally, the prosecution had identified 441 witnesses, including 208 eyewitnesses, 15 injured victims, and 15 doctors who conducted post-mortems. After scrutiny, the number was narrowed down to 103 witnesses deemed essential for the trial. Jagjit Singh, father of one of the deceased farmers, was the first prosecution witness to appear in court and also serves as a complainant in the case.
Bail Proceedings and Supreme Court Oversight
Following his arrest, Ashish Mishra was granted bail by the Allahabad High Court in February 2022, which raised concerns about the police investigation and suggested that the driver might have acted in self-preservation. The Supreme Court subsequently scrapped the bail, criticizing the Allahabad High Court for acting with “tearing hurry” and denying victims a fair hearing.
In January 2023, the Supreme Court allowed interim bail for Ashish Mishra on an experimental eight-week basis and extended it in February 2024. He has been out of custody since then, while none of the other co-accused remain in jail.
The court has consistently emphasized the need for swift and fair proceedings, yet nearly four years on, the pace of justice remains painfully slow, exacerbated by witness hostility, procedural delays, and the complex nature of high-profile political cases.
Political Fallout and Public Outcry
The October 3, 2021, incident sparked nationwide protests, with opposition parties demanding the resignation of Ajay Mishra ‘Teni’. The violence also ignited debates about political influence, accountability, and law enforcement impartiality in Uttar Pradesh.
While BJP leaders have declined to comment, citing the sub judice status of the case, Samajwadi Party spokesperson Rajendra Chaudhary affirmed that the incident appeared to be pre-planned, and his party continues to support the farmers’ pursuit of justice.
The Long Road Ahead
The Lakhimpur Kheri trial highlights broader systemic challenges: delayed framing of charges, witness intimidation, political influence, and slow judicial processes. Despite extensive SIT reports, multiple FIRs, and Supreme Court oversight, the wheels of justice have turned slowly. The high rate of hostile witnesses, in particular, underscores persistent concerns about intimidation, fear, and pressure on ordinary citizens participating in high-profile trials.
Advocates and legal experts warn that even as proceedings continue daily, the eventual verdict may still take years, as appeals, cross-examinations, and procedural challenges prolong the case. For the victims’ families, however, time has only deepened their sense of injustice, as they await closure in a case that has become emblematic of the struggle for accountability against politically connected perpetrators.
The Lakhimpur Kheri case remains a crucial test for India’s criminal justice system, raising pressing questions about the ability of courts to deliver timely justice, safeguard witnesses, and hold the powerful accountable — even in the glare of national attention.
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